[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Rules and Regulations]
[Pages 58730-58731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23471]



40 CFR Part 300


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List Update

AGENCY: Environmental Protection Agency.

ACTION: Notice of deletion of the Tulalip Landfill Superfund Site from 
the National Priorities List.


SUMMARY: The U.S. Environmental Protection Agency (EPA), Region 10, 
announces the deletion of the Tulalip Landfill which is located within 
the Tulalip Indian Reservation in Snohomish County, Washington, from 
the National Priorities List (NPL). The NPL is appendix B of 40 CFR 
part 300 which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which EPA promulgated pursuant to section 105 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as amended. EPA and the Tulalip Tribes 
have determined that the Site poses no significant threat to public 
health or the environment and, therefore, no further remedial measures 
pursuant to CERCLA are appropriate.

EFFECTIVE DATE: September 18, 2002.

FOR FURTHER INFORMATION CONTACT: Beverly Gaines, EPA Point of Contact, 
U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, 
Mail Stop ECL-110, Seattle, WA 98101, (206) 553-1066.

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Tulalip Landfill Site, Snohomish County, Washington.
    A Notice of Intent to Delete for this site was published in the 
Federal Register on June 7, 2002 (67 FR 39326). The closing date for 
comments was July 8, 2002. EPA received two comment letters. One 
comment letter received by EPA was from the Department of Interior (the 
Department) requesting that the deletion be delayed because a study 
conducted last year identified that some of the osprey in the Everett 
Harbor vicinity were having problems with reproduction and deformities. 
EPA has determined that the selected remedy for Tulalip Landfill has 
been, and still is, protective of human health and the environment. 
Monitoring has demonstrated that the remediated landfill represents 
only a minor source of contamination to the highly industrialized 
Everett Harbor. The Department is in the process of conducting a new 
study in the Everett Harbor and is looking specifically at the osprey 
issue. EPA welcomes the opportunity to discuss the results of the new 
study and, as necessary, at ways to evaluate the problem on a larger 
harbor-wide basis which includes several other sources of 
contamination. The Tulalip Tribes (the lead Natural Resource Trustee 
for this site) and the National Oceanic and Atmospheric Administration 
remain supportive of the deletion.
    The other commentor asked if EPA is changing the requirement in the 
Record of Decision (ROD) to maintain the selected remedy in perpetuity. 
EPA is not changing the requirement in the ROD to maintain the selected 
remedy in perpetuity. Consistent with the ROD, the Operation and 
Maintenance (O&M) Plan will be fully implemented at the site in 
perpetuity, or until EPA determines that implementation of the O&M Plan 
is no longer necessary. EPA has a legal commitment from Washington 
Waste Hauling and Recycling to conduct O&M activities for the first 
four years, and the Tulalip Tribes for the next 26 years. These 
agreements are contained in a consent decree with EPA. The need to 
continue O&M activities after the first 30 years will be revisited at 
that time. Institutional controls, including land use restrictions, 
groundwater use restrictions, environmental buffer zones and 
maintenance of an entrance sign, are in place and will continue to be 
implemented in perpetuity.
    The same commentor also asked if EPA is confident that mechanisms 
for Tulalip Landfill are sufficient to ensure that perpetual care is 
maintained. EPA is confident that appropriate mechanisms are in place 
with the Tulalip Tribes to implement the ROD, including institutional 
    EPA identifies sites that appear to present a significant risk to 
public health, welfare, or the environment and it maintains the NPL as 
the list of those sites. Any site deleted from the NPL remains eligible 
for Fund-financed remedial actions in the unlikely event that 
conditions at the site warrant such action. Section 300.425(e)(3) of 
the NCP states that Fund-financed actions may be taken at sites deleted 
from the NPL. Deletion of a site from the NPL does not

[[Page 58731]]

affect responsible party liability or impede Agency efforts to recover 
costs associated with response efforts.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: September 6, 2002.
L. John Iani,
Regional Administrator, Region 10.

    For the reasons set out in the preamble, 40 CFR part 300 is amended 
as follows:


    1. The authority citation for part 300 continues to read as 

    Authority: 42 U.S.C 9601-9657; 33 U.S.C. 1321(c)(2); E.O. 12777, 
56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR 
1987 Comp., p.193.

Appendix B--[Amended]

    2. Table 1 of appendix B to part 300 is amended by removing the 
entry for the ``Tulalip Landfill'' site, ``Marysville, WA.''

[FR Doc. 02-23471 Filed 9-17-02; 8:45 am]